Andrew Mendez v. the State of Texas

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00044-CR Andrew MENDEZ, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR9933 Honorable Christine Del Prado, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Velia J. Meza, Justice Delivered and Filed: May 21, 2025 DISMISSED FOR WANT OF JURISDICTION A notice of appeal must be timely to invoke this court’s jurisdiction in criminal matters.

Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). Without a timely filed notice of appeal, an appellate court lacks jurisdiction to address the merits of an appeal and can take no action other than to dismiss the appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton, 981 S.W.2d at 210.

04-25-00044-CR

Appellant, Mendez, filed a motion for new trial on December 18, 2024 and a pro se notice of appeal on December 30, 2024. Because the sentence was imposed on October 2, 2024, Mendez needed to file a motion for new trial or notice of appeal by November 1, 2024. See TEX. R. APP. P. 21.4(a), 25.2(b), 26.2(a)(1).

On April 17, 2025, we ordered Mendez to show cause why this appeal should not be dismissed for want of jurisdiction. His counsel filed a response on April 21, 2025. The response does not show why we have jurisdiction. Instead, the response concedes that Mendez waived his right to appeal as part of a plea bargain.

Because the notice of appeal was untimely, we lack jurisdiction over this appeal. See Castillo, 369 S.W.3d at 198; Slaton, 981 S.W.2d at 210. Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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